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February 21, 2007

Update: Same sex marriages in Mass. valid in RI

Attorney General Patrick Lynch said today that the state will recognize same-sex marriages performed in Massachusetts, a move that clears the way for gay and lesbian couples to receive the same employer benefits as non-gay couples.

The decision, which was released by Lynch's office this afternoon, comes more than four months after a Massachusetts' judge ruled that Rhode Island same-sex couples could marry in Massachusetts because Rhode Island law does not expressly prohibit gay marriage.

Lynch said his office took "great pains" to review state law before determining that legal out-of-state marriages don't contradict the state's public policy.

"I’m saying there is no legal reason that a couple validly married in Massachusetts should be denied any basic rights in Rhode Island," he said. "That would be wrong."

Lynch's opinion was issued in response to a recent request from the Board of Governor's for Higher Education. Three state employees had asked their personnel files to be changed to reflect their same-sex marriage status, according to board spokesman Steve Maurano.

While in the past Lynch suggested that the courts would ultimately settle the issue, he said today that he was forced to intervene to protect the employees.

"The Board of Education was threatening to deny people basic rights. I wasn’t going to wait," Lynch said. "You cannot deny these people basic rights when the marriage is valid."

Lynch acknowledged that today's opinion may end up in the courts because of the broad precedent it sets.

"It’s a big deal for the couples that have been denied rights," he said. "How big it is for Rhode Island, frankly I’m not certain. To me it’s a basic civil rights issue."

Jenn Steinfeld, director of Marriage Equality RI, praised today's opinion.

"I’m feeling really excited," she said. "We certainly applaud [Lynch's] stance here. We applaud him going through Rhode Island law and...recognizing that there is no strong public policy against recognizing same-sex marriages."

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples  at 5:12 PM | Permalink

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